Bill Text: MN SF2795 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Oil and hazardous materials rail corridor grade crossing transport safety requirements and appropriation
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-03-27 - Comm report: To pass as amended and re-refer to Finance [SF2795 Detail]
Download: Minnesota-2013-SF2795-Introduced.html
Bill Title: Oil and hazardous materials rail corridor grade crossing transport safety requirements and appropriation
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-03-27 - Comm report: To pass as amended and re-refer to Finance [SF2795 Detail]
Download: Minnesota-2013-SF2795-Introduced.html
1.2relating to transportation; railroads; providing for railroad, truck, and grade
1.3crossing safety pertaining to the transport of oil and other hazardous materials;
1.4specifying powers and duties; establishing a grant program; requiring a study
1.5and report; appropriating money;amending Minnesota Statutes 2012, section
1.6219.015, subdivisions 1, 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 219.015, subdivision 1, is amended to read:
1.9 Subdivision 1.Position Positions established; duties. (a) The commissioner of
1.10transportation shall establisha position of three or four state rail safety inspector positions
1.11 in the Office of Freight and Commercial Vehicle Operations of the Minnesota Department
1.12of Transportation. The commissioner shall apply to and enter into agreements with the
1.13Federal Railroad Administration (FRA) of the United States Department of Transportation
1.14to participate in the federal State Rail SafetyPartnership Participation Program for training
1.15and certification of an inspector under authority of United States Code, title 49, sections
1.1620103, 20105, 20106, and 20113, and Code of Federal Regulations, title 49, part 212.
1.17 (b)The A state rail safety inspector shall inspect mainline track, secondary track, and
1.18yard and industry track; inspect railroad right-of-way, including adjacent or intersecting
1.19drainage, culverts, bridges, overhead structures, and traffic and other public crossings;
1.20inspect yards and physical plants; review and enforce safety requirements; review
1.21maintenance and repair records; and review railroad security measures.
1.22(c) A state rail safety inspector may perform, but is not limited to, the duties
1.23described in the federal State Rail Safety Participation Program. An inspector may train,
1.24be certified, and participate in any of the federal State Rail Safety Participation Program
2.1disciplines, including: track, signal and train control, motive power and equipment,
2.2operating practices compliance, hazardous materials, and highway-rail grade crossings.
2.3 (d) To the extent delegated by the Federal Railroad Administration and authorized
2.4 by the commissioner,the an inspector may issue citations for violations of this chapter, or
2.5to ensure railroad employee and public safety and welfare.
2.6EFFECTIVE DATE.This section is effective the day following final enactment.
2.7 Sec. 2. Minnesota Statutes 2012, section 219.015, subdivision 2, is amended to read:
2.8 Subd. 2. Railroad company assessment; account; appropriation. (a) The
2.9commissioner shall annually assess railroad companies that are (1) defined as common
2.10carriers under section218.011 , (2) classified by federal law or regulation as Class I
2.11Railroads or Class I Rail Carriers, and (3) operating in this state, by a division of state
2.12rail safety inspector program costs in equal proportion between carriers based on route
2.13miles operated in Minnesota, and assessed in equal amounts for 365 days of the calendar
2.14year. The commissioner shall assess all start-up or re-establishment costs,and all related
2.15costs of initiating the state rail safety inspector programbeginning July 1, 2008. The, and
2.16ongoing state rail inspector dutiesmust begin and be assessed on January 1, 2009.
2.17 (b) The assessments must be deposited in a special account in the special revenue
2.18fund, to be known as the state rail safety inspection account. Money in the account is
2.19appropriated to the commissionerand may be expended to cover the costs incurred for the
2.20establishment and ongoing responsibilities of the state rail safety inspector program.
2.21EFFECTIVE DATE.This section is effective the day following final enactment.
2.22 Sec. 3. OIL AND OTHER HAZARDOUS MATERIALS; HIGHWAY-RAIL
2.23GRADE CROSSING IMPROVEMENT STUDY.
2.24(a) The commissioner of transportation shall conduct a study on highway-rail grade
2.25crossing improvement for oil and other hazardous materials transported by rail. At a
2.26minimum, the study must:
2.27(1) provide information that assists in risk management associated with
2.28transportation of oil and other hazardous materials by rail;
2.29(2) develop criteria to prioritize needs and improvements at highway-rail grade
2.30crossings;
2.31(3) consider alternatives for safety improvements, including but not limited to active
2.32warning devices such as gates and signals, closings, and grade separation; and
3.1(4) provide findings and recommendations that serve to direct accelerated
3.2investments in highway-rail grade crossing safety improvements.
3.3(b) The commissioner shall submit an interim update on the study by August 31,
3.42014, and a final report by October 31, 2014, to the chairs and ranking minority members
3.5of the legislative committees with jurisdiction over transportation policy and finance.
3.6EFFECTIVE DATE.This section is effective the day following final enactment.
3.7 Sec. 4. APPROPRIATION; OIL AND OTHER HAZARDOUS MATERIALS,
3.8HIGHWAY-RAIL GRADE CROSSING SAFETY.
3.9$5,000,000 is appropriated in fiscal year 2015 from the general fund to the
3.10commissioner of transportation for development and implementation of safety
3.11improvements at highway grade crossings along rail corridors in which oil or other
3.12hazardous materials are transported. The commissioner shall identify highway-rail grade
3.13crossing locations and improvements in consultation with railroads and relevant road
3.14authorities. This is a onetime appropriation.
3.15EFFECTIVE DATE.This section is effective July 1, 2014.
1.3crossing safety pertaining to the transport of oil and other hazardous materials;
1.4specifying powers and duties; establishing a grant program; requiring a study
1.5and report; appropriating money;amending Minnesota Statutes 2012, section
1.6219.015, subdivisions 1, 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 219.015, subdivision 1, is amended to read:
1.9 Subdivision 1.
1.10transportation shall establish
1.11 in the Office of Freight and Commercial Vehicle Operations of the Minnesota Department
1.12of Transportation. The commissioner shall apply to and enter into agreements with the
1.13Federal Railroad Administration (FRA) of the United States Department of Transportation
1.14to participate in the federal State Rail Safety
1.15and certification of an inspector under authority of United States Code, title 49, sections
1.1620103, 20105, 20106, and 20113, and Code of Federal Regulations, title 49, part 212.
1.17 (b)
1.18yard and industry track; inspect railroad right-of-way, including adjacent or intersecting
1.19drainage, culverts, bridges, overhead structures, and traffic and other public crossings;
1.20inspect yards and physical plants; review and enforce safety requirements; review
1.21maintenance and repair records; and review railroad security measures.
1.22(c) A state rail safety inspector may perform, but is not limited to, the duties
1.23described in the federal State Rail Safety Participation Program. An inspector may train,
1.24be certified, and participate in any of the federal State Rail Safety Participation Program
2.1disciplines, including: track, signal and train control, motive power and equipment,
2.2operating practices compliance, hazardous materials, and highway-rail grade crossings.
2.3 (d) To the extent delegated by the Federal Railroad Administration and authorized
2.4 by the commissioner,
2.5to ensure railroad employee and public safety and welfare.
2.6EFFECTIVE DATE.This section is effective the day following final enactment.
2.7 Sec. 2. Minnesota Statutes 2012, section 219.015, subdivision 2, is amended to read:
2.8 Subd. 2. Railroad company assessment; account; appropriation. (a) The
2.9commissioner shall annually assess railroad companies that are (1) defined as common
2.10carriers under section
2.11Railroads or Class I Rail Carriers, and (3) operating in this state, by a division of state
2.12rail safety inspector program costs in equal proportion between carriers based on route
2.13miles operated in Minnesota, and assessed in equal amounts for 365 days of the calendar
2.14year. The commissioner shall assess all start-up or re-establishment costs,
2.15costs of initiating the state rail safety inspector program
2.16ongoing state rail inspector duties
2.17 (b) The assessments must be deposited in a special account in the special revenue
2.18fund, to be known as the state rail safety inspection account. Money in the account is
2.19appropriated to the commissioner
2.20establishment and ongoing responsibilities of the state rail safety inspector program.
2.21EFFECTIVE DATE.This section is effective the day following final enactment.
2.22 Sec. 3. OIL AND OTHER HAZARDOUS MATERIALS; HIGHWAY-RAIL
2.23GRADE CROSSING IMPROVEMENT STUDY.
2.24(a) The commissioner of transportation shall conduct a study on highway-rail grade
2.25crossing improvement for oil and other hazardous materials transported by rail. At a
2.26minimum, the study must:
2.27(1) provide information that assists in risk management associated with
2.28transportation of oil and other hazardous materials by rail;
2.29(2) develop criteria to prioritize needs and improvements at highway-rail grade
2.30crossings;
2.31(3) consider alternatives for safety improvements, including but not limited to active
2.32warning devices such as gates and signals, closings, and grade separation; and
3.1(4) provide findings and recommendations that serve to direct accelerated
3.2investments in highway-rail grade crossing safety improvements.
3.3(b) The commissioner shall submit an interim update on the study by August 31,
3.42014, and a final report by October 31, 2014, to the chairs and ranking minority members
3.5of the legislative committees with jurisdiction over transportation policy and finance.
3.6EFFECTIVE DATE.This section is effective the day following final enactment.
3.7 Sec. 4. APPROPRIATION; OIL AND OTHER HAZARDOUS MATERIALS,
3.8HIGHWAY-RAIL GRADE CROSSING SAFETY.
3.9$5,000,000 is appropriated in fiscal year 2015 from the general fund to the
3.10commissioner of transportation for development and implementation of safety
3.11improvements at highway grade crossings along rail corridors in which oil or other
3.12hazardous materials are transported. The commissioner shall identify highway-rail grade
3.13crossing locations and improvements in consultation with railroads and relevant road
3.14authorities. This is a onetime appropriation.
3.15EFFECTIVE DATE.This section is effective July 1, 2014.
